Copyright © 2026 Storj Labs Inc | All Rights Reserved
Last Updated January 21, 2027
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT.
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Software is licensed, not sold.
This Object Mount End User License Agreement (“EULA”) is a binding agreement between you (either an individual or a single entity) and Storj Labs Inc. (herein referred to as “Storj,” “we”, “us” and “our”) with regard to the software provided with this EULA (herein referred to as “Software”). By clicking “accept,” “agree,’ “continue,” or similar means of consent provided in connection with the Software, or executing a purchase agreement for the Software referencing these terms, or downloading, installing, copying or using any part of the Software you, on behalf of the legal entity or organization you represent, or if there is none, in your personal capacity, accept and agree to be bound by the terms contained in this EULA. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. If you are acting on behalf of a legal entity or organization, you hereby represent and warrant that you have the legal right, power, and authority to enter into this EULA on behalf of such legal entity or organization.
1. License Purchase Requirement. Unless otherwise provided in Section 2, the Software may only be used by, and the rights granted by the EULA are limited to, end users for whom a valid license has been purchased from Storj or its authorized representatives, and in accordance with the license quantities, usage limits or other conditions applicable to your license to the Software, as set forth in this EULA and any applicable purchase agreement (the “License Parameters”).
2. Use Rights.
2.1 License Grant. Subject to the terms and conditions of this EULA, and our receipt of payment of any applicable fees relating to the Software, (a) Storj grants you a limited, non-exclusive, non-transferable, license (without the right to sub-license) to reproduce, install, execute, and use the Software, in object code form only, in accordance with associated documentation and the applicable License Parameters, solely for your Evaluation Use, Personal Use, Educational Small-Scale Use or, solely if agreed to in a valid purchase agreement between you and Storj, Professional/Enterprise Use (each, as defined below).
2.2 Definitions. “Educational Small-Scale Use” means non-commercial use by researchers in an academic institution (e.g. colleges and universities) as part of a funded research project with a total aggregate budget of less than US $500,00, provided such use is within the License Parameters and excluding any use of the Software for commercial purposes or to operate, run, or act on behalf of or for the benefit of a business, organization, governmental organization, or educational institution.“Evaluation Use” means use of the software for internal testing and evaluation to inform a purchase decision, that does not exceed fourteen (14) calendar days in the case of unregistered use, or thirty (30) calendar days in the case of registered use, from the date of initial installation. Storj in its sole discretion reserves the right to extend the Evaluation Use period on a case by case basis. “Personal Use” means non-commercial use solely by the individual who has downloaded the Software or to whom the Software has been provided by Storj or its representative, provided such use is within the License Parameters, and excluding any use of the Software for commercial purposes or to operate, run, or act on behalf of or for the benefit of a business, organization, governmental organization, or educational institution. “Professional/Enterprise Use” means any use of the Software other than Educational Small-Scale Use, Evaluation Use, or Personal Use.
3. License Parameters and Restrictions.
3.1 License Parameters. Unless otherwise provided in your purchase agreement, Personal Use licenses and Education Small-Scale Use are deemed Evaluation Licenses for the first fourteen (14) days after the date of initial installation, and thereafter are limited to use (i) on up to five (5) concurrent nodes, where each node comprises an operating system running on either a physical or virtual machine, and (ii) with total object storage of up to 100 TB in aggregate. Storj may update the License Parameters for Personal Use and Education-Small Scale Use at any time with immediate effect by updating this EULA or posting such update on its website, without additional notice to you. All licenses expire at the end of the term stated in the applicable purchase agreement, unless renewed in accordance with the terms of such purchase agreement.
3.2 Restrictions.(a) You may not use the Software in any manner that could damage, disable, overburden, or impair the servers or networks of any other party connected to the Software, or use the Software in any manner that could interfere with any other party's use and enjoyment of the Software.(b) Without limiting the foregoing, you may not, and may not permit any third party to: (i) transfer any of your rights to use the Software; (ii) copy the Software, except for the minimum number of backup copies that are necessary for disaster recovery purposes or sell, rent, lease, license, sublicense, share, distribute, publish, transfer, modify, adapt, translate or prepare derivative works from the Software; (iii) take any action to circumvent or defeat the security provided, deployed or enforced by any functionality contained in the Software; (iv) permit any unauthorized party to use or access the Software; (v) use the Software other than as expressly permitted under this EULA, including to provide outsourcing, service bureau, hosting, application service provider or online services; (vi) modify or create any derivative works, including translations, based upon the Software or other Intellectual Property Rights of Storj; (vii) copy any feature, design or graphic in the Software or any other Intellectual Property Rights of Storj; (viii) reverse engineer, decompile, disassemble or attempt to derive the source code or architecture of the Software or content that may be presented or accessed through the Software, except to the extent such activities cannot be restricted under applicable law; (ix) use or access the Software or other Intellectual Property Rights of Storj to build a competitive solution or to assist someone else to build a competitive solution; (x) use the Software for performance, benchmarking or comparison testing or analysis, or disclose to any third party or otherwise disseminate any results thereof (all of which shall be considered Confidential Information of Storj) without our prior written consent; (xi) alter, remove or conceal any legal notice or any copyright, trademark, trade name or other proprietary marking or notice that may appear in or on the Software, including cunoFS mentions or logos; (xii) use the Software or content provided in the Software in a manner that violates any applicable law or is defamatory, harassing, infringing or otherwise causes damage or injury to any person or property, including to Storj, its business partners, licensors or suppliers; or (xiii) permit any other party to do any of the foregoing. (c) You are solely responsible for the use of the Software, including by your users, and for ensuring that they comply with all the terms and conditions of this EULA. Any violation of the terms and conditions of this EULA by your users will be deemed to be a violation by you.(d) You are responsible for ensuring that the License Parameters are not exceeded. If you become aware that your use of the Software has exceeded the License Parameters, you shall promptly notify us, and without limiting any other remedies we may have, you agree to pay applicable license fees for such excess use.(e) You must comply with all applicable national, federal, state, provincial and local laws, statutes, regulations, rules, codes, ordinances, orders and directives in connection with the Software.
4. Proprietary Rights. You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Storj and/or third parties own all right, title and interest in and to the Software and content that may be presented or accessed through the Software (excluding content provided by you) including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. To the extent that you provide Storj with any suggestions, ideas, enhancement requests, recommendations, or other feedback or information (collectively, “Feedback”), you hereby grant to Storj a fully paid-up, royalty free, worldwide, perpetual, irrevocable, transferable, sub-licensable license to freely use, disclose, and otherwise exploit such Feedback, including but not limited to incorporation of the Feedback into future versions of the Software without any compensation or other obligation to you.
5. Collection of data by Storj. Storj may collect certain data and information through your use of the Software in accordance with the privacy policy found at: https://www.storj.io/legal/privacy-policy, including but not limited to, at the time of launch of the Software and when the Software checks for whether a software update is available: the IP address of the client node or a proxy, kernel version, OS distribution and architecture and, in the case of unregistered use of the Software, the amount of RAM and number of cores or vCPUs, and the cloud account number.
6. Warranty for Paid Licenses. For Software provided under a license for which you have paid a license fee (“Paid Licenses”), Storj warrants that the Software will perform substantially in accordance with the published specifications during the term of such license (“Warranty Period”). If, within the Warranty Period, you notify Storj in writing of any nonconformance, Storj shall use commercially reasonable efforts to, at its discretion either (a) repair the Software; or (b) replace the Software. If Storj fails to do so within 30 days, and such nonconformance materially diminishes the functionality and value of the Software, you may terminate the Paid License immediately upon written notice to Storj, and receive a refund of any unused license fees paid for the remaining portion of any prepaid term of the Paid License, provided that you have provided all the information that may be necessary to assist Storj in resolving the defect or fault, including a documented example of any defect or fault, and sufficient information to enable Storj to re-create the defect or fault. This warranty applies only to use of the Software for its intended purpose, and does not cover (a) use outside the terms of the license or for a purpose or in a context other than the purpose or context for which it was designed, (b) use of the Software in combination with any other software not provided by Storj, (c) use of the Software on incompatible or incorrectly configured hardware, (d) unauthorized modification of the Software, or (e) any defect, nonconformance or other problem which resulted from acts or omissions of persons other than Storj. The foregoing sets forth your exclusive remedies and the sole obligation and liability of Storj in the event of any nonconformance with any of the warranties set forth herein or otherwise with respect to any errors, interruptions or other problems with the Software.
7. Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE WARRANTY ABOVE, THE SOFTWARE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND STORJ AND ITS LICENSORS, SUBCONTRACTORS AND AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT STORJ DOES NOT WARRANT THAT ACCESS, USE, OR OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SOFTWARE WILL MEET ANY REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM OR SERVICES OR THAT DEFECTS WILL BE CORRECTED. STORJ IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY HOSTING SERVICE PROVIDERS.
8. Consequential Damages and Limitation of Liability.
8.1 Consequential Damages. IN NO EVENT SHALL STORJ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, RELATED TO LOSS OF REVENUE, INCOME, OR PROFITS, LOSS OF USE OR DATA, DAMAGES FOR BUSINESS INTERRUPTION, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS EULA OR TO THE ACCESS OR USE OF THE SOFTWARE OR RELATED COMPONENTS, EVEN IF STORJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8.2 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STORJ’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SOFTWARE UNDER A PAID LICENSE, OR OTHERWISE RELATED TO THIS EULA (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) INCLUDING DAMAGE TO YOUR DEVICE, ANY LOSS OF DATA, LOST PROFITS, OR COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, HOWEVER ARISING (COLLECTIVELY, “LOSSES”), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM FIRST AROSE. TO THE EXTENT PERMITTED BY LAW, STORJ WILL HAVE NO LIABILITY TO YOU OF ANY KIND FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE UNDER A FREE OR EVALUATION LICENSE.THE PROVISIONS OF THIS SECTION 8 ALLOCATE THE RISKS UNDER THIS EULA BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS EULA. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Intellectual Property Indemnity for Paid Licenses. For Software provided under a Paid License, Storj shall defend you or, at its option, settle any claim or action brought against you alleging that the possession or use of the Software (or any part thereof) in accordance with the terms of this EULA infringes any valid United States patent, copyright or other Intellectual Property Right arising under United States law (“Claim”) and Storj shall pay any losses, damages, costs (including reasonable attorneys’ fees) and expenses awarded in a final judgment against you as a result of or in connection with any such Claim. This indemnity shall not apply to the extent the Claim arises from or relates to: (a) possession or use of the Software (or any part thereof) by you in violation of the terms of this EULA, (b) information, designs, specifications or materials provided by you; (c) the combination, operation or use of the Software with other programs, hardware, data or specifications not supplied or specified by Storj; (d) your methods or process of doing or conducting business; (e) your or use of a non-current release of the Software or failure to install or have installed all available updates made available by Storj that would have avoided the infringement; or (f) any matter for which you are obligated to defend or indemnify Storj under Section 10.Your rights to indemnification are conditional upon you (a) giving to Storj as soon as reasonably practicable, written notice of the Claim, specifying the nature of the Claim in reasonable detail; (b) not making any admission of liability, agreement or compromise in relation to the Claim without Storj’s prior written consent; (c) allowing Storj, at its option, to assume control of the defense and settlement of such Claim with counsel of its choosing; and (d) giving Storj and its professional advisers reasonable support and assistance in relation to the Claim. If any Claim is made, or in Storj’s reasonable opinion is likely to be made, against you, it may at its sole option and expense: (a) procure for you the right to continue to use the Software (or any part thereof) in accordance with the terms of this EULA; (b) modify the Software so that it ceases to be infringing; (c) replace the Software with non-infringing software; or (d) terminate the Paid License immediately upon written notice to you, and issue you a refund of any unused license fees paid for the remaining portion of any prepaid term of the Paid License. This Section 9 constitutes your sole and exclusive remedy and Storj’s only liability for any actual or alleged infringement of any Intellectual Property Rights of any third party.
10. Indemnification By You. You shall indemnify, hold harmless, and defend Storj and its affiliates, and their respective employees, directors, officers, suppliers and agents, from and against any loss, cost, damage or expense (including reasonable attorneys’ fees) incurred in respect of any claim, demand, action, suit or other judicial proceeding asserted, brought or threatened by a third party arising from your use of the Software in breach of this EULA or in violation of applicable law or third party rights, or relating to Feedback provided by you.
11. Upgrades. If the Software is an upgrade from an earlier release or previously released version, you may use that upgraded product only in accordance with this EULA. If the Software is an upgrade of a software program which you licensed as a single product, the Software may be used only as part of that single product package and may not be separated for use on more than one computer or device.
12. Third Party Software & Offerings. The Software may contain or otherwise make use of software, code or related materials from third parties, including “open source” or “freeware” software (“Third-Party Components”). Third-Party Components may be subject to separate license terms that accompany such Third-Party Components. All Third-Party Components are made available “AS IS” without representations, warranties or other obligations of any kind. The Software may contain integration functionality designed to interoperate with third-party software applications, products or services (“Third-Party Offerings”). Your acquisition, access or use of Third-Party Offerings, including the availability and performance of any Third-Party Offerings, is solely between you and the applicable third-party provider and Storj shall have no liability to you in connection therewith. Storj does not warrant or support Third-Party Offerings or any related integrations, and Storj makes no representations or warranties, express or implied, as to the availability, performance, legality or non-infringement of any Third-Party Offerings or related integrations or interoperation.
13. Confidentiality. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and/or the circumstances of disclosure, including the terms and conditions of this EULA (including pricing, any purchase agreements, and License Parameters), business and marketing plans, technology and technical information, product plans and designs, and business processes. Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party under this EULA, (b) was rightfully known to the Receiving Party on a non-confidential basis prior to its disclosure by the Disclosing Party, (c) is rightfully received by the Receiving Party on a non-confidential basis from a third party, or (d) was independently developed by the Receiving Party without use of or reference to Confidential Information of the Disclosing Party.The Receiving Party will use the same degree of care that it uses to protect its own confidential information of like kind (but not less than reasonable care) to (a) avoid using or disclosing any Confidential Information of the Disclosing Party for any purpose outside the scope of this EULA, and (b) except as otherwise authorized by the Disclosing Party in writing, limit access to the Disclosing Party’s Confidential Information to Receiving Party’s employees and contractors who (i) have a legitimate need to access Disclosing Party’s Confidential Information for purposes consistent with this EULA, and (ii) have signed confidentiality agreements with the Receiving Party containing protections not materially less protective than those contained herein.Nothing in this EULA will prevent the Receiving Party from disclosing the Confidential Information pursuant to any judicial or governmental order or as otherwise required by law, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure unless such notice is prohibited by applicable law.Any breach of the confidentiality obligations set forth in this Section 12 would constitute a material breach of this EULA, which the breaching party acknowledges would cause irreparable harm to the non-breaching party, leaving it without an adequate remedy at law. As such, any such breach shall entitle the non-breaching party to injunctive relief in addition to all other remedies, without necessity of posting of a bond or other security in connection therewith. The preceding sentence is not intended, nor shall it be construed, to limit a party’s right to dispute the factual basis underlying any contention that it has committed any breach.
14. Export Controls & Jurisdictions. Elements of the Software may be subject to export laws and regulations of the United States and other jurisdictions. You represent that neither you nor any of your users are named on any U.S. government denied-party list. The Software may not be used in any country that is subject to an embargo by the United States, and you may not use the Software in violation of any export restriction or embargo or sanctions by the United States or any other applicable jurisdiction. In addition, you must ensure that the Software is not made available for use in jurisdictions or by persons or entities blocked or denied by the United States government or any other applicable jurisdiction. You and your agents and users shall not export any the Software or use the Software to export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. without first complying with all export control laws and regulations that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction you operate or do business.
Except as explicitly set forth herein, Storj makes no representations that the Software is appropriate for use in any jurisdictions. You are responsible for compliance with any and all laws or regulations that apply in your jurisdictions. Storj may offer services in some jurisdictions subject to different terms and conditions. In such instances, the terms and conditions governing those other jurisdictions shall take precedence over any conflicting provisions in this EULA.
15. Term and Termination. This EULA will be effective upon your acceptance in accordance with its terms and will remain in effect for the term specified in the purchase agreement (including any renewals) or the license key issued to you by Storj. This EULA will be terminated automatically by you upon the earlier of: (a) your failure to comply with any term of this EULA; (b) the expiry date of any license key that you have purchased or have been provided with the Software; (c) in the case of Evaluation Use, fourteen (14) days from the date of installation of the Software if unregistered and thirty (30) days from the date of installation of the Software if registered; provided that if you purchase or properly acquire a license key before expiry, this EULA will continue until the expiration of the purchased license key. You may terminate this EULA for convenience prior to its expiration date, provided you give thirty (30) days’ written notice of such termination, and, except as provided in Section 6, you will not receive any refunds, credits or prorated prices for partial periods for which the Software has not been used, and you will remain liable for and commit to payment of any license fees or renewal fees for which you have become liable under this section or otherwise. If this EULA is terminated for any reason, you must cease all use of the Software and destroy all copies of the Software in your possession. If Storj does not take action to inform you of the termination of this EULA after you fail to comply with any of the terms of this EULA, such failure to act does not imply that the termination has not occurred or that Storj has waived any of the rights reserved by Storj under this and other provisions.
16. Support. For Software provided under a Paid License, subject to your compliance with this EULA, Storj will make available standard web and email based technical support during the Paid License term, subject to our then-current generally applicable support policies and procedures attached as Exhibit A. Storj is not obligated to provide any support or updates to the Software provided under a license for Evaluation Use or any other license for which no fee is paid to Storj.
17. U.S. Government Restricted Rights. The provision by Storj of the Software for use by or on behalf of any unit or agency of the United States Government (the “Government”) are subject to the following: The Subscription Software and related Documentation constitute “commercial computer software” and/or “commercial computer software documentation,” respectively, and the Government’s rights with respect to the same are, in the case of civilian agency use, and if for the Department of Defense use, limited by the terms of this EULA, pursuant to FAR 12.212 and/or DFARS §227.7202-1 through §227.7202-4 as applicable. The use of the Software hereunder by the Government constitutes acknowledgment by the Government of Storj’s proprietary rights therein and thereto.
18. Trademarks. Certain of the product and service names used in this EULA and the Software may constitute trademarks of Storj or third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.
19. Governing Law; Initial Dispute Resolution; Binding Arbitration.
19.1 Governing Law. This EULA is governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Storj agree that the terms of the EULA affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before your entry into the EULA or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this EULA. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
19.2 Initial Dispute Resolution. The parties agree that most disputes can be resolved without resort to litigation. If you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@storj.io and provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Storj, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
19.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this EULA (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Software shall be resolved solely and exclusively by final and binding arbitration initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof before a single arbitrator. If the parties cannot agree upon selection of an arbitrator, then JAMS shall appoint the arbitrator experienced in the enterprise software industry. The place of the arbitration will be Salt Lake City, Utah. Notwithstanding the foregoing, either party may enforce judgment upon any arbitration award in any court of competent jurisdiction located in Utah. Additionally, Storj may seek injunctive or other equitable relief to protect its Intellectual Property Rights, Confidential Information, or as otherwise required to prevent irreparable harm, in any court of competent jurisdiction selected by Storj. The prevailing party in any action or proceeding hereunder, including any arbitration or court proceedings, will be entitled to recover its reasonable costs and attorneys’ fees. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
19.4 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND STORJ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
19.5 Exception for Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its Intellectual Property Rights (excluding privacy or publicity rights). Either party may also seek relief in small claims court in Salt Lake City, Utah for disputes or claims within the scope of that court’s jurisdiction.
19.6 Changes to This Section. Storj may amend this Section 19 in accordance with Section 20.8, except notwithstanding anything contrary therein, amendments to this Section 19 will become effective thirty (30) days after they are made and apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence at the time you entered into this EULA.
19.7 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Software.
20. General
20.1 Communications.(a) To You. You agree to receive electronically all communications, agreements, documents, notices, and disclosures that Storj provides in connection with the Software (“Communications”). Storj may provide Communications in a variety of ways, including by e-mail, text, in-app notifications, or by posting them on its website. You agree that all Communications provided by Storj electronically satisfy any legal requirement that such communication(s) be in writing.(b) To Storj. Notices required or permitted to be given by you to Storj hereunder shall be in writing and shall be delivered to Storj with attention to Storj’s Legal Department, at 1201 W Peachtree St NW Ste 2625 PMB 75268 Atlanta, Georgia 30309, by certified mail, postage prepaid, return receipt requested or nationally recognized overnight courier service to the attention of Storj’s legal department, with a complete copy including any attachment sent via email to legal@storj.io.
20.2 Communications: Storj may identify you as a customer using your name and or logo in any of its digital or print marketing, PR and communications assets (including but not limited to website pages, press releases, presentations and case studies).
20.3 No Agency. Other than as specified herein, neither party has any authority to create any obligation on behalf of the other.
20.4 Force Majeure. Except for payment obligations, neither you nor Storj will be liable for delayed or inadequate performance of its obligations hereunder to the extent caused by a condition that is beyond the party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labor conditions, governmental actions, interruption or failure of the Internet or any utility service, and denial of service attacks or any Force Majeure Event. The party affected shall be relieved from its applicable obligations as long as the Force Majeure Event lasts and hinders the performance of said obligations. The party affected shall promptly notify the other party and make reasonable efforts to mitigate the effects of the Force Majeure Event with reasonable dispatch. If Storj is the party affected, this requirement can be satisfied by notice posted on its website. “Force Majeure Event” means any unavailability caused by circumstances beyond Storj’s reasonable control including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Storj employees), computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software, or power systems not within Storj’s possession or reasonable control, and denial of service attacks.
20.5 Severability; No Waiver. In the event that any provision of this EULA is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and remain enforceable between the parties. No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
20.6 Assignment. You may not assign this EULA or any of its rights hereunder, nor delegate any of its obligations hereunder, by operation of law or otherwise, without Storj’s prior written consent, provided that consent for an assignment of this EULA in its entirety (including any purchasei agreements) will not be required in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of a party’s assets. Subject to the foregoing, this EULA will be binding and inure to the benefit of the parties, their respective successors, and permitted assigns.
20.7. Third-party Beneficiaries. You acknowledge that third party application marketplaces may be third-party beneficiaries of this EULA and upon your acceptance of this EULA such stores or marketplaces may have the right to enforce this EULA against you as a third party beneficiary. You further acknowledge and agree that such parties are not parties to this EULA other than as third party beneficiaries and are not responsible for providing maintenance and support services with respect to the Software.
20.8 Entire Agreement; Order of Precedence. This EULA constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to the subject matter hereof. To the extent of any conflict or inconsistency between the provisions of this EULA and any purchase agreement, the terms of the purchase agreement shall prevail. Headers used in this EULA are for convenience only and are not intended as, nor shall they be used as, an aid to interpretation.
20.9 Amendment. Storj may revise this EULA from time to time, including by posting the modified version on its website or providing the update EULA with an update, with or without prior notice to you, except as otherwise stated herein. By continuing to use the Software after the posted effective date of modifications to this EULA, you agree to be bound by the revised version of the EULA.20.10 Survival. The following sections of this EULA will survive expiration or earlier termination of this EULA for any reason: 4. Proprietary Rights, 7. Warranty Disclaimer, 8. Consequential Damages and Limitation of Liability, 10. Indemnification By You; 12. Third Party Software & Offerings, 13. Confidentiality, 14. Export Controls & Jurisdictions, 15. Termination, 17. U.S. Government Restricted Rights, 18. Trademarks; 19. Governing Law Initial Dispute Resolution; Binding Arbitration, and 20. General.
This Exhibit B (this “Exhibit”) describes the Support Services to be provided under the Agreement. The level of Support Services provided will be as specified in the Agreement. Capitalized terms not defined in this Exhibit have the same meanings as such terms are defined in the Agreement
1. Support. Storj will provide the Support Services as described herein between 9:00 a.m. to 8:00 p.m. Eastern Time on Business Days to assist in Customer’s use of the Storj Private Cloud Software and resolve Errors in accordance with the support level purchased by Customer pursuant to the Agreement. All requests Support Services for Customer must be submitted via a service desk ticket submission, by email, or other means as may be agreed to by Storj and Customer (each, a “Support Request”). Customer must contact the Storj Service Desk using the following methods:
(a) Storj support portal at https://supportdcs.storj.io
(b) For emergencies, Storj provides a support email address at supportdcs.storj.io
2. Customer Obligations. Customer shall, by and through their Technical Contact(s), provide Storj with:
(a) prompt notice of any Errors; and
(b) each of the following to the extent reasonably necessary to assist Storj to reproduce operating conditions similar to those present when Customer detected the relevant Error and to respond to and resolve the relevant Support Request:
(c) output and other supporting data, documents, and information, which may be required to identify the Storage Materials that may be affected by an Error as defined herein; and
(d) solely if requested by Customer and solely with respect to Errors, remote access to the Customer Systems in accordance with this Section, subject to Storj’s compliance with all of Customer’s security and encryption requirements notified to Storj in writing; and such other reasonable cooperation and assistance as Storj may request.
(e) Prior to requesting Support Services from Storj, Customer shall comply with all published operating and troubleshooting procedures for the Software, including the Documentation. To assist in expeditiously resolving Customer’s support requests, the Customer should record the following information for reference and should provide the information to Storj:
i. error messages and indications that Customer received when the malfunction occurred;
ii. what the user was doing when the malfunction occurred;
iii. what steps Customer has taken to reproduce the malfunction;
iv. what steps Customer may have already taken to solve the Error; and
v. system logging.
vi. For certain Storj Private Cloud Software Errors, Storj may require that Customer provide Storj a test case and sufficient documentation to allow duplication of the Error. Subject to Customer’s reasonable security and safety rules, Customer shall provide access to Customer’s information, systems, and software reasonably requested by Storj, including remote control access to each component of the Storj Private Cloud Software as necessary to provide the Support Services. Customer will obtain any third party consents necessary to grant such access. Storj will be relieved of its obligation to provide any Support Services due to Customer’s failure to comply with this section.
3. Disclaimer. Storj will not be responsible to provide Support Services, or any other maintenance and support to the extent that Errors arise because Customer
(a) misuses, improperly uses, misconfigures, alters, or damages the Storj Private Cloud Software;
(b) uses the Storj Private Cloud Software with any hardware or software not approved, supplied or supported by Storj;
(c) fails to install any updates or upgrades to the Storj Private Cloud Software if such updates or upgrades would have resolved the Error; or
(d) otherwise uses the Storj Private Cloud Software in a manner not in accordance with the Agreement, Documentation or Storj’s directions.
(e) engages in any other “Customer Cause” meaning any of the following causes of an Error, as defined herein:
i. Any negligent or improper use (including improper installation, configuration, or implementation), misapplication, misuse or abuse of, or damage to, the Storj Private Cloud Software by Customer;
ii. Any maintenance, update, improvement, or other modification to or alteration of Storj Private Cloud Software by Customer that was not specifically authorized in writing by Storj;
iii. Any use of the Storj Private Cloud Software by Customer in a manner inconsistent with the then-current Documentation;
iv. Any use by Customer of any Third-party Products and Services that Storj has not provided to Customer;
v. Any use by Customer of a version of the Storj Private Cloud Software that is earlier than the Supported Software Versions as defined herein;
vi. Any Error caused by Customer Systems; or,
vii. Any Error related to Out-of-Scope Services not covered by this Agreement.
3.1. Storj shall use commercially reasonable efforts to identify the cause of Errors involving public or Customer-owned software, network or computer infrastructure, but shall not be responsible for correcting or resolving any such Errors. To the extent that Storj is able to determine the external Errors cause, Storj will inform the requester and close the request log. Support Services will not include the responsibility to cure or correct defects in any non-Storj products, services, or infrastructure, including, but not limited to Custom Development, Customer Systems, or Third-party Products and Services.
3.2. If Customer has developed a Customer Application that incorporates the Storj Private Cloud Software, and the support issue is raised by a Customer End User of that Customer Application, Storj is not responsible for support of Errors involving the Customer Application.
3.3. Storj shall have no responsibility for loss of or damage to Customer’s data, regardless of the cause.
4. Remote Services. Storj may provide services to Customer remotely, including by means of telephone or over the internet (“Remote Services”), to assist in analyzing and resolving any Error reported by a Support Request during the Support Period. In the case of any Error relating to Customer Systems, and only if requested by Customer and agreed to by Storj, Customer may provide Storj access to Customer Systems via remote access software (“Remote Access Software”). If Customer makes such request, the parties acknowledge and agree that Storj may collect, maintain, process, and use only such information as Storj reasonably believes is necessary to assist in analyzing and Resolving a Support Request; and use such information solely to provide the Support Services in accordance with the terms and conditions herein. Storj shall at all times treat any information it collects, maintains, processes, or uses under this Section as Customers Confidential Information and shall comply with all Customer security and encryption requirements notified to Storj in writing.
5. Personal Information. Notwithstanding anything to the contrary in this Agreement, Storj will not be responsible, accountable, or liable for any of the following that Customer voluntarily transmits or discloses to Storj unsolicited:
(a) protected health information (as that term is used in Health Insurance Portability and Accountability Act (“HIPAA”)),
(b) nonpublic personal information (as that term is used in the Gramm-Leach-Bliley Act),or
(c) personal information/data (as such terms are used in state breach notification laws or other similar legislation).
6. Customer Technical Contact. Customer shall designate in writing to Storj certain individual(s) who will act as a direct liaison with Storj and be responsible for communicating with, and providing timely and accurate information and feedback to, Storj in connection with the Support Services (each such individual, a “Technical Contact”). The Technical Contact(s) will be the primary liaison(s) between Customer and Storj in sending Support Requests and communicating with Storj in connection with any matters relating to the provision of the Support Services.Customer shall submit to Storj name(s) and contact e-mail address(es) of the designated Customer’s Technical Contact(s).
7. New Release. Storj shall provide Support Services for a release of the Storj Private Cloud Software if such release is a Supported Software Version. Other versions of the Software will not be supported unless Storj and Customer mutually agree otherwise in writing.SYSTEM OR SERVICES OR THAT DEFECTS WILL BE CORRECTED. STORJ IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD PARTY HOSTING SERVICE PROVIDERS.